Plantation, FL Premises Liability Lawyer

If you’ve been injured on property you don’t own – whether by slipping on a puddle in a store aisle, tripping over torn carpeting at an apartment complex, or suffering a dog bite in a backyard – you may face mountains of medical bills, lost income, and painful uncertainty about your rights. 

At Kogan & DiSalvo Personal Injury Law, we guide injured residents of Plantation every step of the way. From the moment you call us for a free consultation, our dedicated team marshals the resources, evidence, and legal strategy needed to hold negligent property owners accountable so you can focus on healing instead of headaches.

What Is Premises Liability?

Premises liability is the legal principle that property owners and occupiers owe a duty of care to people who enter their land or buildings. Under Florida laws, if an owner fails to keep the premises reasonably safe and someone is harmed as a result, the owner can be held responsible. 

To succeed in a premises liability claim, you must show that:

• The owner owed you a legal duty to maintain safe conditions
• The owner breached said duty by failing to repair, warn, or inspect
• The breach directly caused your injury
• You suffered real damages – medical bills, lost wages, pain, and suffering 

At Kogan & DiSalvo, we investigate every detail: gathering photographs, witness statements, maintenance logs, police or incident reports, and expert opinions. We show that the dangerous hazard existed, the owner knew or should have known about it, and that person’s negligence caused your harm.

Visitor Classifications Under Florida Law

Florida law divides visitors into three categories, each with a different legal standard for the duty owed by property owners. Your classification affects the strength of your claim and the evidence needed to prove negligence.

1. Invitees

Invitees enter the property with express or implied permission for the owner’s benefit – customers at a store, hotel guests, attendees at a public event. Property owners have a duty towards invitees to conduct regular inspections, repair or remove hazards in a timely manner, and post warnings if hazards cannot be eliminated immediately.

2. Licensees

Licensees come onto the property for their own purposes, with the owner’s consent – friends or family members visiting a home for social reasons. Owners must warn licensees of known, concealed hazards they do or should know about and refrain from willfully causing them harm. However, property owners are not required to actively inspect for dangers unknown to them.

3. Trespassers

Trespassers enter without permission. Property owners generally owe them only a duty to refrain from deliberate or grossly negligent harm. An exception arises under the “attractive nuisance” doctrine, where a hazardous condition – like a swimming pool or abandoned machinery – is likely to attract children.

Our attorneys at Kogan & DiSalvo can help you determine which category applies, challenge improper classifications by insurers, and ensure you receive the protections Florida law demands.

Proving a Premises Liability Claim in Plantation

To win your case, we must establish the following elements:

• Duty of care: Demonstrate the owner’s legal obligation to you as an invitee or licensee.
• Breach of duty: Prove the owner failed to maintain safe premises or neglected to warn of known hazards. Use maintenance records, inspection reports, or prior complaints to demonstrate notice.
• Causation: Connect the owner’s breach directly to your injury and link the hazardous condition – e.g., a slippery floor or broken step – to your fall or harm.
• Damages: Document your medical expenses, lost wages, and other financial losses. Quantify non-economic damages like pain, suffering, emotional distress, and reduced quality of life.

Without solid evidence on each element, insurers will seek to deny or devalue your claim. Our litigators excel at gathering and preserving the proof you need, including:

• Detailed incident photographs from multiple angles
• Contact information for eyewitnesses, employees, or neighbors
• Official incident or police reports, as well as property inspection logs
• Comprehensive medical records tying your injury to the incident
• Expert testimony – engineers, safety specialists, or medical professionals

Common Premises Liability Scenarios in Plantation

Plantation’s residential communities, retail centers, and recreational areas give rise to a variety of premises liability injuries, including:

• Retail slip-and-falls caused by unmarked spills, debris, or uneven flooring in stores and malls
• Trip-and-falls over broken sidewalks, torn carpet, potholes, or damaged curbs in apartment complexes and parking lots
• Dog bites in parks, sidewalks, or private yards where leash laws or fencing requirements are ignored
• Swimming pool accidents in rental communities – missing barriers, inadequate drainage covers, wet decks, or unlocked gates
• Collapsing patios, defective decks, and broken railings at private residences and condominium complexes
• Inadequate lighting leading to nighttime falls in parking garages, walkways, stairwells, and entrances

Each scenario demands a tailored approach – from measuring the slope of a pool deck to analyzing lighting levels and witness accounts. Our team’s familiarity with local codes, ordinances, and safety standards allows us to pinpoint liability and press your case with confidence.

Comparative Negligence Under Florida Law

Florida’s negligence laws permit you to recover damages as long as you share less than 50 percent of fault for your injuries.

To maximize your recovery, we:

• Thoroughly investigate the incident to minimize any suggestion of your fault
• Emphasize evidence of the owner’s greater negligence – warnings, prior complaints, maintenance failures
• Highlight your reasonable actions, such as wearing proper footwear, paying attention, or following posted rules

By strategically assigning fault and negotiating with insurers, we protect you against tactics aimed at overblaming you for the accident.

Compensation You Can Recover

In a successful premises liability claim, you may recover both economic and non-economic damages for the following expenses:

• Past and future medical expenses for medications, rehabilitation, and ongoing therapy
• Lost wages, including your actual earnings lost and diminished future earning capacity in the event you cannot return to the same job or hours
• Home health care costs, assistive devices, home modifications, and transportation for treatment
• Pain and suffering for your physical discomfort, emotional anguish, anxiety, and depression
• Loss of enjoyment of life if you can no longer participate in hobbies, recreational activities, or family roles
• Permanent disability or disfigurement compensation for lifelong limitations or scarring

Our attorneys assign a clear monetary value to each element of your claim. We refuse to settle for less than you deserve, and we stand ready to take your case to trial when insurers refuse to play fair.

Why You Need a Plantation Premises Liability Lawyer

Filing a premises liability claim on your own can feel like navigating a maze:

• Insurance companies prioritize profit over your recovery, offering quick, low-ball settlements before you understand the full extent of your losses
• Establishing notice – proof the owner knew about a hazard – often requires technical discovery, depositions, and expert analysis
• Property owners may assert defenses such as open-and-obvious danger, lack of maintenance records, or conflicting witness statements
• Florida’s statute of limitations for filing a lawsuit leaves no room for delay once you realize you have a claim

When you work with Kogan & DiSalvo, you gain a legal advocate who:

• Conducts an immediate property inspection to document hazards before they change or disappear
• Secures maintenance logs, incident reports, inspection records, and any prior complaints
• Works with experts and interviews witnesses to corroborate your story
• Constructs a clear timeline showing the owner knew (or should have known) about the danger and did nothing
• Negotiates aggressively for maximum compensation, refusing premature settlement offers
• Prepares thoroughly for trial, presenting a persuasive case to a judge or jury if necessary

Our no-fee promise means you pay nothing out of pocket. We only collect our attorneys’ fees and expenses if you recover compensation.

Taking the First Step Toward Justice

If you’ve been hurt because someone else failed in his or her duty to keep the property safe, don’t wait. Evidence can disappear, memories can fade, and legal deadlines can pass. The sooner you act, the stronger your case will be. Justice and the compensation you need are within reach. 

Contact Kogan & DiSalvo Personal Injury Law today for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain your rights under Florida law. Let us take on the legal battle so you can dedicate your energy to healing, family, and returning to the life you love.